reconfiguring power relations and structures in muslim mindanao
DESCRIPTION
Presented by Atty. Naguib Sinarimbo during the fourth series of Muslim Mindanao Autonomy Roundtable Discussions held at the Committee Room 1 of the Senate of the Philippines (July 20, 2015). The series is organized by the Institute for Autonomy and Governance (IAG), Local Government Development Foundation (LOGODEF), Senate Economic Planning Office (SEPO), and Senate Muslim Advocates for Peace and Progress (Senate-MAPP)TRANSCRIPT
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POWER RELATIONS IN MUSLIM
MINDANAO AUTONOMY:
PARLIAMENTARY SYSTEM AND THE
ROLE OF LGUS
Reconfiguring Power Relations and Structures in Muslim Mindanao
by
NAGUIB G. SINARIMBO
BSG
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THE BANGSAMORO RSD
Underlying the CAB is the recognition of the justness and legitimacy of the cause of the
Bangsamoro people and their aspiration to chart
their political future through a democratic
process that will secure their identity and
posterity and allow for meaningful self-
governance
CAB Para. 3
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THREE (3) IMPORTANT POWER AND
STRUCTURAL RELATIONS IN THE
PROPOSED BANGSAMORO
1. Bangsamoro Government Central Government
2. Bangsamoro Government Local Government Units
3. Among Bangsamoros; Revolutionary
Groups/Political Parties
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I. BANGSAMORO GOVERNMENT -
CENTRAL GOVERNMENT
Key Principles/Provisions: Asymmetric relationship between the BG and CG
(Art VI Intergovernmental Relation, Sec 1
Parity of Esteem (Art VI Intergovernmental Relation, Sec 2)
Highest form of Fiscal Autonomy(Art XII, Fiscal Autonomy, sec 1, sec 2 Auditing, sec 17 Automatic Appro, Sec 18 Regular Release)
The Parties agree that the status quo is unacceptable and that the Bangsamoro shall be established to replace the Autonomous Region in
Muslim Mindanao ( ARMM ). FAB I, 1.
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I. BANGSAMORO GOVERNMENT -
CENTRAL GOVERNMENT
Key Principles/Provisions: Power sharing and not mere devolution( Art V
Powers of Government, sec 1 Reserved Powers, sec Concurrent Powers, sec 3 Exclusive Powers)
General supervision ( Art VI IGR, sec 3) Intergovernmental Relations Mechanisms ( Art VI
IGR, Sec 4)
Parliamentary System and the Institution of Wali (Art VIII Wali)
Entrenchment Clause and the BM Parliament-Congress Forum( Art XVII Amendments and Revision, Sec 1; Art VI IGR, sec 8)
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II. BANGSAMORO GOVERNMENT-
LOCAL GOVERNMENT UNITS
Key Principles/Provisions:
LGUs as constituent units of the Bangsamoro(Art III Territory, sec 6; Art VI IGR, sec 7)
Authority to regulate the affairs of the constituent units( Art XII Fiscal Autonomy, sec 3 LG Finance)
Supervision over LGUs ( Art VI IGR, sec 7 BM and its Constituent Units)
The provinces, cities, municipalities, barangays and geographic areas within its territory shall be the constituent units of the Bangsamoro. The authority to
regulate on its own responsibility the affairs of the constituent units is
guaranteed within the limit of the Bangsamoro Basic Law. The privileges
already enjoyed by the local government units under existing laws shall not be
diminished unless otherwise altered, modified or reformed for good
governance pursuant to the provision of the Bangsamoro local government
code FAB I.3
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II. BANGSAMORO GOVERNMENT-
LOCAL GOVERNMENT UNITS
Evolving a relationship on IRA and beyond
Council of Leaders and other fora of IGR( Art VI IGR, sec 5)
Parliamentary Districts and representation(Art VII Bangsamoro Govt., sec 4 composition of Parliament, Sec 5 classification a nd allocation of seats)
Development alignment and complementation
Sharing in Taxes and Resources ( Art XII Fiscal Autonomy, secs 12 and 33)
Public Order and Community Policing ( Art XI Public Order and Safety, sec 2 The BM Police)
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III. AMONG BANGSAMOROS (
REVOLUTIONARY GROUPS AND
POLITICAL PARTIES)
Key Principles/Provisions: An electoral System suitable to a parliamentary system
of government ( Art IV Gen Principles, sec 3 Electoral system)
Representation and participation in the Bangsamoro Parliament (district, party reps, sectoral reps) ( Art VII BM Govt, Secs 4 and 5)
Representation in the BTA( Art XVI The BTA, sec 2)
The Basic law shall reflect the Bangsamoro system of life and meet internationally accepted standards of governance. FAB II-3
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III. AMONG BANGSAMOROS (
REVOLUTIONARY GROUPS AND
POLITICAL PARTIES)
Key Principles/Provisions:
Competition, collaboration and coalition in the Parliament ( Art VII BM Govt, sec 34 on dissolution of
Parliament)
Regional Parties ( Art VII BM Govt, sec 7 Regional Parties)
BM representation in the Central Government ( Art VI IGR, sec 9 BM Participation in CG)
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CONCLUDING MESSAGES
1. A meaningful expression of BM RSD in
the new relationship between the BG
and CG.
2. A democratic space, free from
unnecessary CG interference, in
evolving new power relations among
the BMs.
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S H U K R A N
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Power Sharing
Reserved powers are powers or matters over which authority and jurisdiction are retained by the Central Government.
Exclusive powers are powers or matters over which authority and jurisdiction pertain to the Bangsamoro Government.
Concurrent powers refer to shared powers between the Central Government and the Bangsamoro Government, as contained in the Annex on Power Sharing and as further provided for in the Bangsamoro Basic Law.
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURREN
T POWERS
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Political & Electoral System
Ministerial (parliamentary) form of government
60 members of the parliament Party representatives District representatives Reserved seats & Sectoral
representatives
3-year term, no more than 2 terms Wali as titular head
BANGSAMORO
PARLIAMENT
50%
40%
10%
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Participation and Representation
Non-Moro IPs,
women, settler
communities and
other sectors shall
have
representatives in
the BTA
Nominations may be
submitted to the
Office of the
President for this
purpose
Bureaucracy:
Gender and ethnic
balance as factor
in the hiring and
placement process
Basic Sectors, Groups, and Identities
Reserved Seats:
(2) Non-Moro IPs
(2) Settler
Communities
(1) Women
The Bangsamoro
Parliament shall
determine the
manner of election
of sectoral and
other representation
in the Parliament
There shall be at
least one (1)
competent woman
to be appointed to
the Bangsamoro
Cabinet
Parliament shall
create an
appropriate office
or ministry for IPs,
which shall be part
of the Bangsamoro
Cabinet
Non-Moro IPs,
women, settler
communities, and
other sectors shall
each have a
representative in the
Bangsamoro
Council of Leaders
Establishment of
consultation
mechanisms for
women, local
communities, and
marginalized
sectors